Russian Journal of Economics and Law (Dec 2018)
Digital system of registering, storage and actualization of municipal legal acts: elaboration and approbation in the territory of Krasnoyarsk krai
Abstract
Objective: to determine the legal status of the electronic information system of accounting, storing and updating of municipal normative legal acts; to disseminate the experience of development and implementation of such a system in Krasnoyarsk krai. Methods: general scientific method of dialectical cognition, historical-legal, system-structural, comparative-legal, formal- logical and other particular scientific methods of cognition.Results: the authors come to the conclusion that the electronic information system of accounting, storing and updating of municipal normative legal acts is a type of official information systems and has special qualitative characteristics. Development and implementation of such systems in the activities of local governments, according to the authors, is a promising direction to ensure the openness of municipal legal acts and the accessibility of information on the results of municipal rulemaking. To illustrate the author’s approach, a functional description of the electronic information system of accounting, storing and updating of municipal regulatory legal acts “Municipal legal acts of the Krasnoyarsk krai” is given.Scientific novelty: consists in the development of theoretical conceptions about the legal nature of official information systems and applied problems of their use in the activities of local governments. Modern information and communication technologies allow the transition to the real embodiment of direct democracy, including the involvement of the population in the direct decision-making at the level of local government using EISof municipal legal acts. Given the functions that may be performed by EIS (ensuring access of citizens to the system of legal acts; their storage and systematization; communication between local governments and public authorities; provision of official, authentic texts of a legislative act; organization of discussion on drafts of municipal legal acts; formation of open data, etc.), it seems necessary to legislatively establish a legal regime of EIS as the official legal information system. EIS has significant advantages in comparison with other legal systems, including the register maintained by the Ministry of Justice of the Russian Federation on the website “Normative legal acts of the Russian Federation”. Additional features of EIS aimed at the implementation of the provisions of the Federal Law “On ensuring access to information on the activities of state bodies and local self-government” may occur when the legislator makes changes to the procedure for the official publication of municipal legal acts provided for in part 2 of Article 47 of the Federal Law “On general principles of local self-government in the Russian Federation”.Practical significance: consist in the possibility of wide implementation of the electronic information system of accounting, storing and updating of municipal normative legal acts in the activities of local governments, developed by the authors’ team.
Keywords
